§ 2.4.8 BARGAINING REPRESENTATION.

• Jurisdiction: Arizona

§ 2.4.8 Bargaining Representation. The NMB has original jurisdiction over representation issues. The rights granted and procedures followed parallel closely those under the NLRA. Section 2, Fourth of the RLA permits employees to bargain collectively through representatives of their own choosing and to be free from employer interference in their organizational efforts.⁴¹ The procedural rules for designation of representatives, elections, and certification are stated in Section 2, Ninth. A petition is filed by those interested in securing bargaining agency rights, supported by a substantial showing of interest, i.e., at least 35% of the employees in the unit for bargaining. An election may then be held, with certification accruing to the majority representative under the political election principles. The RLA permits certification without the necessity of a formal election, the representative may prove its majority status with signature lists or authorization cards or by a consent election.⁴² A labor organization can also seek voluntary recognition if (1) it unequivocally demands RLA recognition from the carrier, (2) the carrier unequivocally grants recognition, and (3) the labor organization makes a contemporaneous showing it enjoys majority support among the workforce.⁴³

The factors used by the NMB in setting up crafts or classes is similar to those of the...